Most Popular

Supreme Court Decision Could Impact ERISA Plan Litigation

By Jane Meacham, retirement plans editor The U.S. Supreme Court’s recent decision in Spokeo Inc. v. Robins, 13-1339, U.S. (May 16, 2016), which encourages Employee Retirement Income Security Act (ERISA) plaintiffs to allege a “concrete” injury, is viewed by many in the ERISA legal community as likely to reshape litigation against employer-sponsored retirement plans.

As Obama term winds down, employers adjust to changes and brace for future

Employers may be reeling from what they see as swift and dramatic changes related to employment regulation. In recent months, they’ve found themselves dealing with new rules on union representation elections, an impending expansion of who is eligible for overtime, a more restricted view of the use of independent contractors, as well as an array […]

Supreme Court Seeks New Accommodation in Birth Control Case

Religious non-profit employers that are not eligible for a church exemption seemed more likely to change the process of opting out of the Affordable Care Act requirement that health plans cover contraceptives and family planning services without cost-sharing. In a two-page order dated March 29, the U.S. Supreme Court told lawyers arguing Zubik v. Burwell, No. 14-1418 (cert. […]

Q&A Session: Using Social Media in the Workplace

Using social media in the workplace without causing legal headaches can be complex. But the simple fact that social media is entwined in our lives makes it hard to escape. There are many benefits to be had, but also many risks. How can employers strike a balance? "Social media – like LinkedIn, Facebook, and all […]

Employers have opportunity to capitalize on a graying workforce

by Tammy Binford Is it a “silver tsunami” or barely a ripple in your workplace? Whether your organization is facing a wave of retirements or just a few in the next several years, employers are wise to consider the significance of older workers. As the 78 million-member baby boomer generation hits what has traditionally been […]

Employee Compensation: California Supreme Court OKs Bonus Deductions for Workers’ Comp Losses and Cash Shortages

In an important victory for employers that use bonus plans, the California Supreme Court has approved a retailer’s profit-based incentive plan that made deductions for a store’s workers’ compensation costs, cash and merchandise shortages, and other losses. In so ruling, the high court dismissed employee concerns that the plan violated various California wage and hour […]

Post-contractual duty to act faithfully: a protection limited to a (too) reasonable period

by Isabelle East-Richard Throughout Canada, whether under article 2088 of the Civil Code of Québec in Quebec or the common law elsewhere, employees have a duty to act faithfully and honestly toward their employer once the employment relationship has ended. That is the case even when there is no noncompetition clause in an employment contract. […]

Health Insurance: How To Comply With Complex Notice Requirements Under The New Health Insurance Portability Law-Part

The new Health Insurance Portability and Accountability Act of 1996 (HIPAA) is intended to make it easier for workers to retain health insurance coverage when they switch jobs, by limiting pre-existing medical condition exclusions. Recently, the federal government issued regulations spelling out your obligations under the law.